The Globe and Mail reports, “In Nebraska, a new legal brief suggests the legislature has the legal authority to redirect the route Keystone XL would take through the state. Such ‘siting legislation’ is the subject of a special session called by Governor Dave Heineman for Nov. 1. If enacted, the law would pose a significant obstacle to TransCanada’s ambitions to rapidly construct the pipeline.”
“On Wednesday, David Domina, a prominent Nebraska trial attorney, released a legal opinion, suggesting the state has the legal authority to create such rules and could influence Keystone XL provided it can pass a bill by year’s end. ‘Nebraska has the legal power to regulate its land use and thereby control the routes for oil pipelines across the state,’ concluded Mr. Domina, who did the work for Bold Nebraska, a group that has become one of the leading state critics of Keystone XL.”
“(Domina) suggests the state force TransCanada to re-route the pipe to prevent it from crossing the ecologically sensitive Sand Hills area, but the company has rejected that option because it would require seeking new environmental approvals that could delay the project by two to three years.”
Yesterday, the Council of Canadians launched an e-mail campaign so that Canadians can send a message to all 49 members of the Nebraska legislature asking them to reject the currently proposed route of the 700,000 barrels-a-day Keystone XL pipeline across the Sand Hills and over the Ogallala aquifer.
The action alert message also notes, “We understand that our ambassador to the United States has lobbied Governor Heineman to support Keystone XL, as has our consul-general based in Minneapolis. We want you to know that they do not speak for all Canadians.”
To send your message to the Nebraska legislature, please go to http://canadians.org/action/2011/nebraska-keystoneXL.html.